HomeMy WebLinkAbout20021280.tiff RESOLUTION
RE: APPROVE CONTRACT TO BUY AND SELL REAL ESTATE AND AUTHORIZE CHAIR
TO SIGN -SAND LAND, INC., AND PASQUALE AND JACQUELINE VARRA
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract to Buy and Sell Real Estate
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Sand Land, Inc., and Pasquale and Jacqueline Varra,
12910 Weld County Road 13, Longmont, Colorado 80504, with further terms and conditions
being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Contract to Buy and Sell Real Estate between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the, and Sand Land, Inc., and Pasquale and Jacqueline Varra, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �n
�� � � - Ep /{LLe-w.." 0.d_N�
"""��**11 `v �`` GI"Vaad, Ch it
Weld County Clerk to th t:o i��
1861 a�S� �S� CR
/ / �, ►`� David E. L g, Pro- -
BY: =' • ;Ii �, Y^.,7°' �� _
Deputy Clerk to the B U"4
M. J. teile
APP ED A M: li i c7/-'e
'Ili m H. erke
unty ttomey
g 6-/21Robert D. Masden
Date of signature:
2002-1280
CSC obi, r; ill r 1^L( PR0023
CONTRACT TO BUY AND SELL REAL ESTATE
1. PARTIES AND PROPERTY: The County of Weld, a political subdivision of the State
of Colorado, by and through the Board of County Commissioners of the County of Weld, Buyer,
whose address is 915 10th street, Greeley, CO 80631, hereby agrees to buy, and the undersigned
Seller, Sand Land, Inc., a Colorado Corporation, Jacqueline N. Varra and Pasquale Varra, with
address of 12910 WCR 13, Longmont, CO 80504, agree to sell, on the terms and conditions set
forth in this contract ("Contract"), the real estate described in or shown on the attached Exhibit
"A," located in the County of Weld, State of Colorado, together with all interest of Seller in
vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all
improvements thereon and all attached fixtures thereon, except as herein excluded (collectively
described herein as "the Property").
2. PURCHASE PRICE AND TERMS: The purchase price shall be
$345,000, payable in U.S. dollars by Buyer as follows:
(a) Earnest Money: The mutual promises and covenants of the parties set forth in this
Contract is the necessary consideration that makes this Contract binding on the parties
hereto.
(b) Cash at Closing: $345,000, to be paid by Buyer at closing in funds which comply
with all applicable Colorado laws, which include cash, electronic transfer funds, certified
check, savings and loan teller's check, and cashier's check (Good Funds).
3. NOT ASSIGNABLE: This Contract shall not be assignable by Buyer without Seller's
prior written consent. Except as so restricted, this Contract shall inure to the benefit of
and be binding upon the heirs, personal representatives, successors and assigns of the
parties.
4. EVIDENCE OF TITLE: On or before May 3, 2002, (the "Title Deadline"), at
Buyer's expense, Buyer shall obtain a current commitment for an owner's title insurance
policy from a title insurance company selected by Buyer(the "Title Company") in an
amount equal to the purchase price (the "Title Commitment") together with copies of all
instruments or documents listed in the title Commitment as exceptions to the title
("Exceptions"). It shall be a condition precedent to Buyer's obligation to consummate
and close the transaction contemplated by this Contract that the Title Company be
unconditionally and irrevocably committed, upon the closing, to issue the title insurance
policy described in the Title Commitment, subject only to those Exceptions that have
been approved (or deemed approved) by Buyer pursuant to Paragraph 5, below. In the
event the Title Company is not so unconditionally and irrevocably committed to issue
such
/,policy
upon the closing, then Buyer shall not be obligated to close the transaction
Buyer(s) .4' Page 1 of 7 Pages
Seller(s)/f _7) It
2002-1280
ee .' ell, 4/, Varra..
and may terminate this Contract. Buyer shall pay the cost of the premium for a standard
owner's policy of title insurance issued pursuant to the Title Commitment, including the
cost of any endorsements required by Buyer in order to satisfy any of Buyer's obligations
to title given pursuant to Paragraph 5. If Buyer desires extended coverage title insurance
or any additional endorsements to its title insurance policy, Buyer shall be responsible for
any additional premium charged by the Title Company for such extended coverage or
additional endorsements.
5. TITLE:
(a) Title Review: Buyer shall have the right to inspect the Title Documents. Written
notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition
shown by the Title Documents shall be signed by or on behalf of Buyer and given to
Seller on or before seven (7) calendar days after Title Deadline and receipt of all
instruments and documents listed as Exceptions, or within five (5) calendar days after
receipt by Buyer of any new Title Documents not shown on the Title Commitment or
endorsement(s) adding new Exception(s) to the title commitment together with a copy of
the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's
notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by
the Title Documents as satisfactory.
(b) Matters Not Shown by the Public Records: Seller shall deliver to Buyer, on or
before the Title Deadline set forth in Section 4, true copies of all lease(s) and survey(s) in
Seller's possession pertaining to the Property and shall disclose to Buyer all easements,
liens or other title matters not shown by the public records of which Seller has actual
knowledge. Buyer, or any designee, shall have the right to inspect the Property to
determine if any third party(s) has any right in the Property not shown by the public
records (such as an unrecorded easements, unrecorded leases, or boundary line
discrepancies). Written notice of any unsatisfactory condition(s) disclosed by Seller or
revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller
no later than seven (7) calendar days after the Title Deadline. After such date required for
notification and until closing, (i) Seller shall immediately disclose to Buyer the existence
of any easements, liens, or other title matters not previously disclosed to Buyer and of
which Seller becomes aware, and (ii) Buyer shall have an ongoing right to inspect the
Property to determine the existence of any potential or actual third-party rights in or
claims to the Property which may arise after such date. In the event Seller notifies Buyer
of any new condition pursuant to subparagraph (i) above, which condition is
unsatisfactory to Buyer as determined in Buyer's sole and absolute discretion, or Buyer
discovers any unsatisfactory condition as determined in Buyer's sole and absolute
discretion not reasonably discoverable in Buyer's prior inspection or inspections of the
Property, Buyer shall notify Seller of such unsatisfactory condition within five(5)
business days after the date of Buyer's receipt of Seller's notice or Buyer's inspection, as
Buyer(s) Odd.
Page 2 of 7 Pages
Seller(s) Odd.
the case may be. If Seller does not receive Buyer's notice by said date, Buyer accepts title
subject to such rights, if any, of third parties of which Buyer has actual knowledge.
(c) Special Taxing Districts: SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO
GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES
PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY
WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE
PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX
BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE
CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A
DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN
INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT
FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION
INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH
DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN
INCREASE IN SUCH MILL LEVIES
In the event the Property is located within a special taxing district and Buyer desires to
terminate this Contract as a result, if written notice is given to Seller on or before the date
set forth in Section 5(b), this Contract shall then terminate. If Seller does not receive
Buyer's notice by the date specified above, Buyer accepts the effect of the Property's
inclusion in such special taxing district(s) and waives the right to so terminate.
(d) Right to Cure: If Seller receives notice of unmerchantability of title or any other
unsatisfactory title condition(s) as provided in Subsection (a) or (b) above, Seller shall
use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of
closing. If Seller fails to correct said unsatisfactory title condition(s) on or before the date
of closing, this Contract shall then terminate; provided, however, Buyer may, by written
notice received by Seller, on or before closing, waive objection to said unsatisfactory title
condition(s).
6. INSPECTION: Seller agrees to provide Buyer on or before May 8, 2002,
with a Seller's Property Disclosure form completed by Seller to the best of Seller's
current actual knowledge. Buyer or any designee, shall have the right to have
inspection(s) of the physical condition of the Property and Inclusions, at Buyer's expense.
If written notice of any unsatisfactory condition, signed by or on behalf of Buyer, is not
received by Seller on or before May 10,2002 ("Objection Deadline"), the physical
condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. If
such notice is received by Seller as set forth above, and if Buyer and Seller have not
agreed, in writing, to a settlement thereof on or before May 15, 2002 ("Resolution
Deadline"), this Contract shall terminate three (3) calendar days following the
Resolution Deadline; unless, within the three (3) calendar days, Seller receives written
Buyer(s) ,�(/ g Page 3 of 7 Pages
Seller(s)4462), e.ti•
notice from Buyer waiving objection to any unsatisfactory condition. Buyer is solely
responsible for and shall pay all costs associated with any inspection on the property and
shall not allow a lien to be placed on the property resulting from any work done or
requested by the Buyer. Buyer shall be responsible for and pay any and all damages,
resulting from Buyer's inspection of the property, and in the event Buyer shall fail to
complete the purchase of the property, Buyer shall return the property to the Seller in
substantially the condition the property was in prior to the Buyer's inspection. Buyer
agrees to provide the Seller with a copy of any and all inspections within five (5) days of
the receipt of any reports by the Buyer. The provisions of this paragraph shall survive the
closing.
7. DATE OF CLOSING: The date of closing shall be May 17, 2002 ("Closing Date").
The hour and place of closing shall be designated by Seller and Buyer.
8. TRANSFER OF TITLE: Subject to tender or payment at closing as required herein and
compliance by Buyer with the other terms and provisions hereof, Seller shall execute and
deliver a good and sufficient Warranty Deed to Buyer, on the Closing Date, conveying the
Property free and clear of all taxes except the general taxes for the year of closing.
Title shall be conveyed free and clear of all liens for special improvements installed as of
the date of Buyer's signature hereon, whether assessed or not; except (i) distribution
utility easements (including cable TV), (ii) those matters reflected by the Title Documents
accepted by Buyer in accordance with Section 5(a), (iii) those rights, if any, of third
parties in the Property not shown by the public records in accordance with Section 5(b),
(iv) inclusion of the Property within any special taxing district, (v) subject to building and
zoning regulations.
9. PAYMENT OF ENCUMBRANCES: Any encumbrance required to be paid shall be
paid at or before closing from the proceeds of this action or from any other source.
10. CLOSING COSTS, DOCUMENTS AND SERVICES: Buyer and Seller shall pay, in
Good Funds, their respective closing costs and all other items required to be paid at
closing, except as otherwise provided herein. Buyer and Seller shall sign and complete
all customary or required documents at or before closing.
11. PROBATIONS: General taxes for the year of closing, based on the taxes for the
calendar year immediately preceding closing, rents, water and sewer charges, owner's
association dues, and interest on continuing loan(s), if any.
No other shall be prorated to the Closing Date.
Buyer(s) U Page 4 of 7 Pages
Seller(s)
12. POSSESSION: Buyer shall be entitled to possession of the property upon closing.
Subsequent to the date of this Contract and prior to the closing, buyer, its agents and
employees shall be entitled to enter upon the property for the purpose of making
inspections thereof and conducting such tests, inspections and observations as Buyer may
deem appropriate, including, but not limited to, those tests, inspections, and observations
referred to in Sections 6, herein.
13. CONDITION AND DAMAGE TO PROPERTY: Except as otherwise provided in this
Contract, the Property shall be delivered in its improved condition. In the event the
Property shall be damaged by fire or other casualty prior to time of closing, in an amount
of not more than ten percent of the total purchase price, Seller shall be obligated to repair
the same before the date of closing. In the event such damage is not repaired within said
time or if the damages exceed such sum, this Contract may be terminated at the option of
Buyer. Should Buyer elect to carry out this Contract despite such damage, Buyer shall be
entitled to credit for all the insurance proceeds resulting from such damage to the
Property, not exceeding, however, the total purchase price. Should any service(s) fail or
be damaged between the date of this Contract and the date of closing or the date of
possession, whichever shall be earlier, then Seller shall be liable for the repair or
replacement of such service(s) with a unit of similar size, age and quality, or an
equivalent credit, less any insurance proceeds received by Buyer covering such repair or
replacement.
14. TIME OF ESSENCE/REMEDIES: Time is of the essence hereof. If any note or
check received as earnest money hereunder or any other payment due hereunder is not
paid, honored or tendered when due, or if any other obligation hereunder is not performed
or waived as herein provided, there shall be the following remedies:
(a) IF BUYER IS IN DEFAULT: Seller may elect to treat this Contract as
canceled, in which case all payments and things of value received hereunder shall
be forfeited and retained on behalf of Seller, and Seller may recover such damages
as may be proper, or Seller may elect to treat this Contract as being in full force
and effect and Seller shall have the right to specific performance or damages, or
both.
(b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this Contract as
canceled, in which case all payments and things of value received hereunder shall
be returned and Buyer may recover such damages as may be proper, or Buyer may
elect to treat this Contract as being in full force and effect and Buyer shall have
the right to specific performance or damages, or both.
(c) COSTS AND EXPENSES: Anything to the contrary herein notwithstanding, in
tthhe event of any arbitration or litigation arising out of this Contract the arbitrator
Buyer(s) .CG!/ Page 5 of 7 Pages
Seller(s /6d •
or court shall award to the prevailing party all reasonable costs and expenses,
including attorney fees.
15. ALTERNATIVE DISPUTE RESOLUTION: MEDIATION: If a dispute arises
relating to this Contract, and is not resolved, the parties and broker(s) involved in such
dispute ("Disputants") shall first proceed in good faith to submit the matter to mediation.
The Disputants will jointly appoint an acceptable mediator and will share equally in the
cost of such mediation. In the event the entire dispute is not resolved within thirty (30)
calendar days from the date written notice requesting mediation is sent by one Disputant
to the other(s), the mediation, unless otherwise agreed, shall terminate. This Section shall
not alter any date in this Contract unless otherwise agreed.
16. ADDITIONAL PROVISIONS:
a. The mineral rights are not transferred with this Agreement.
b. No Closing Instructions are attached to this Contract.
c. Facsimile signatures hereafter shall be considered legal and binding with regard
to this Contract, including any written notices, addenda, and amendments to this
Contract.
d. If Buyer submits to Seller written objections by the Objection Deadline (May 10,
2002) and such objection(s) cannot be settled by the Resolution Deadline (May
15,2002), Buyer shall have the option of declaring this Contract null and void.
17. RECOMMENDATION OF LEGAL COUNSEL: By signing this document Buyer
and Seller acknowledge that they have been advised that this document has important
legal consequences and has recommended the examination of title and consultation with
legal and tax or other counsel before signing this Contract.
18. TERMINATION: In the event this Contract terminated, all payments and things of
value received hereunder shall be returned and the parties shall be relieved of all
obligations hereunder, subject to the costs discussed in Section 15.
19. NOTICE TO BUYER: Any notice to Buyer shall be effective when received by Buyer.
20. NOTICE TO SELLER: Any notice to Seller shall be effective when received by Seller.
21. MODIFICATION OF THIS CONTRACT: No subsequent modification of any of the
terms of this Contract shall be valid, binding upon the parties, or enforceable unless made
in writing and signed by the parties.
Buyer(s) Page 6 of 7 Pages
Seller(s>1 ( ! P/Cii.
22. ENTIRE AGREEMENT: This Contract constitutes the entire Contract between the
parties relating to the subject hereof, and any prior agreements pertaining thereto, whether
oral or written, have been merged and integrated into this Contract.
23. NOTICE OF ACCEPTANCE; COUNTERPARTS: This proposal shall expire unless
accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the
offering party receives notice of such acceptance on or before May 1, 2002 ("Acceptance
Deadline"). If accepted, this document shall become a Contract between Seller and
Buyer. A copy of this document may be executed by each party, separately, and when
each party has executed a copy thereof, such copies taken together shall be deemed to be
a full and complete Contract between the parties.
24. IRRIGATION DITCH WATER RIGHTS RETAINED BY SELLER: The parties
agree that irrigation ditch water rights now associated with the Property, if any, shall be
retained by the Seller. This paragraph does not affect any well currently used to obtain
water for use on the pro.- or existing tap to a water line, if any.
ice_.
ATTEST: �//iii •.., •_ .a The COUNTY OF WELD, a political subdivision
Clerk to the Board f the STATE OF COLORADO
186) O %V
' v
Deputy Clerk to the net Glenn Vaad, Manual) (051 s e200a.)
Board of County Commissioners of the
County of Weld
ACCEPTED this 15 day of -17a6 , 2002.
SAND LAND, INC.
Date: M /5 , 24O z By:
Chri opher Varra, President
By: 1 /4X'l-A___-
Ja ueline N. Varra
By: � deerit-&--
ale Varra
Note: No Closing Instructions are attached to this Con ct.
Buyer(s) Page 7 of 7 Pages
Seller( C,c •
EXHIBIT "A"
LEGAL DESCRIPTION:
ALL THAT PART OF THE NORTHWEST 1/4 AND THE SOUTHWEST 1/4 OF SECTION 2,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SAID SECTION 2, TO BEAR NORTH 89° 47' 45" WEST AS MONUMENTED HEREON
AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO:
COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 2, TOWNSHIP 2
NORTH, RANGE 68 WEST OF THE 6TH P.M.; THENCE ALONG THE NORTH LINE OF
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2, NORTH 89° 47'
45" WEST, A DISTANCE OF 213.81 FEET TO THE TRUE POINT OF BEGINNING.
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89° 47' 45" WEST, A
DISTANCE OF 585.53 FEET; THENCE NORTH 01° 03' 46" EAST, A DISTANCE OF 330.32
FEET; THENCE SOUTH 89° 43' 25" WEST, A DISTANCE OF 240.00 FEET; THENCE
SOUTH 00° 58' 06" EAST, A DISTANCE OF 328.34 FEET; THENCE NORTH 89° 47' 45"
WEST, A DISTANCE OF 281.17 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 2; THENCE SOUTH 00°
31' 08" WEST ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST
1/4 OF SAID SECTION 2, 32.75 FEET TO THE EXISTING CENTERLINE OF WELD
COUNTY ROAD 24 'A; SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO
THE LEFT, HAVING A RADIUS 410.37 FEET, AND A CENTRAL ANGLE OF 33° 16" 38";
THENCE CONTINUING ALONG SAID CENTERLINE AND CURVE TO THE LEFT, A
DISTANCE OF 238.34 FEET TO A POINT OF TANGENCY; THENCE CONTINUING
ALONG SAID CENTERLINE THE FOLLOWING THREE (3) COURSES:
(1) THENCE NORTH 86° 37' 23" EAST, A DISTANCE OF 271.24 FEET;
(2) THENCE NORTH 86° 24' 37" EAST, A DISTANCE OF 460.15 FEET:
(3) THENCE NORTH 86° 35' 16" EAST, A DISTANCE OF 138.58 FEET:
THENCE DEPARTING SAID CENTERLINE NORTH O3°24' 44" WEST, A DISTANCE OF
29.77 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF
COLORADO, CONTAINING 3.30 ACRES MORE OR LESS.
MAY-01-2002 WED 02:05 PM WELD CO GOVT FAX 1,10. 9703520242 P. 03
•
STATEMENT OF SETTLEMENT,
SELLER'S O PURCHASER'S
PROPERTY ADDRESS:4355 WCR 24.5.Longmont,CO
•
SELLER: Sand Land,Inc.,a Colorado Corporation; PURCHASER; The County of Weld,a political subdivision
Jacqueline N.Vann and Pasquale Varna of the State of Colorado
SETTLEMENT DATE:May 17,2002 DATE OF PRORATION;May 17,2002
LEGAL DESCRIPTION:The Rights-of-Way described in the attached Exhibit"A."
Debit Credit
I. Selling Price 5345,000.00
2. Deposit,paid to Seller $0.00
3. Trust Dead.payable to
4. Trust Dee,payable to
5. Trust Deed,payoff to .
6. Interest on Loan Assumed
7. Title Ins.Premium
8. Abstracting: Before Sale
9. After Sale
10. Title Exam.by:
I1. Recording: Warranty Deed
12. That Deed
13. Release -
14. Other
15. Documentary Fee
16. Certificate of Taxes Due
17. Taxes for Preceding Year(s) 38020
18. Taxes for Current Year 142.71
'19. Tax Reserve
20. Special Taxes
21. Personal Property Taxes
22. Hazard Ina;Pram.Assumed—Policy No. Co. .
S Yr.Term Expires
Premium S Days Unused at 0 per day
23. Premium for New Insurance
24. Hazard Ins.Reserve
•
25. PHA Mortgage Ins.Assumed
26. FHA Mortgage Ins.Reserve
27. Loan Service Fee(Buyer)
28. Loan Discount Fee(Seller)
29. Interest on New Loan
30. Survey and/or Credit Report
31. Appraisal Fee •
32. Water and/or Sewer
33. Rents ,
34. Security Deposits
35. Loan Transfer Fee
36. Loan Payment Due
37. Broker's Fee to Dominic Pallone $6,900.00
Sub-tomb $345,000.00 $522.91
Balance due from Buyer $337,577.09
TOTALS S345,000.00 5345,000.00
The above figures do not include sales or use taxes on personal property.
APPROVED and ACCEPTED
COUNTY OF WELD, rporate and politic of the SAND LAND;INC..a loved° oration
STATE O COLORA
Purchase ,�.C Seller
Glenn Vaad,1 . , oard of County Cbri Yana,President
Commissioners of Weld County
(o.$4/s/z c'PG salon
s. _ — Se ir+..Ci A
toque eN.Vann
EXHIBIT "A"
LEGAL DESCRIPTION:
ALL THAT PART OF THE NORTHWEST 1/4 AND THE SOUTHWEST 1/4 OF SECTION 2,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SAID SECTION 2, TO BEAR NORTH 89° 47' 45" WEST AS MONUMENTED HEREON
AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO:
COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 2, TOWNSHIP 2
NORTH, RANGE 68 WEST OF THE 6TH P.M.; THENCE ALONG THE NORTH LINE OF
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2, NORTH 89° 47'
45" WEST, A DISTANCE OF 213.81 FEET TO THE TRUE POINT OF BEGINNING.
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89° 47' 45" WEST, A
DISTANCE OF 585.53 FEET; THENCE NORTH 01° 03' 46" EAST, A DISTANCE OF 330.32
FEET; THENCE SOUTH 89° 43' 25" WEST, A DISTANCE OF 240.00 FEET; THENCE
SOUTH 00° 58' 06" EAST, A DISTANCE OF 328.34 FEET; THENCE NORTH 89° 47' 45"
WEST, A DISTANCE OF 281.17 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 2; THENCE SOUTH 00°
31' 08" WEST ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST
1/4 OF SAID SECTION 2, 32.75 FEET TO THE EXISTING CENTERLINE OF WELD
COUNTY ROAD 24 'A; SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO
THE LEFT, HAVING A RADIUS 410.37 FEET, AND A CENTRAL ANGLE OF 33° 16" 38";
THENCE CONTINUING ALONG SAID CENTERLINE AND CURVE TO THE LEFT, A
DISTANCE OF 238.34 FEET TO A POINT OF TANGENCY; THENCE CONTINUING
ALONG SAID CENTERLINE THE FOLLOWING THREE (3) COURSES:
(1) THENCE NORTH 86° 37' 23" EAST, A DISTANCE OF 271.24 FEET;
(2) THENCE NORTH 86° 24' 37" EAST, A DISTANCE OF 460.15 FEET:
(3) THENCE NORTH 86° 35' 16" EAST, A DISTANCE OF 138.58 FEET:
THENCE DEPARTING SAID CENTERLINE NORTH O3°24' 44" WEST, A DISTANCE OF
29.77 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF
COLORADO, CONTAINING 3.30 ACRES MORE OR LESS.
MAY-01-2002 WED 02:05 PM WELD CO GOVT FAX NO. 9703520242 P. 02
•
STATEMENT OF SETTLEMENT
SELLER'S ® PURCHASER'S O
PROPERTY ADDRESS:4355 WCR 24.5.Longmont,CO
SELLER: Send Land,Inc.,a Colorado Corporation; PURCHASER: The County of Weld,a political subdivision
Jacqueline N.Varra and Pasquale Vats of the State of Colorado
SETTLEMENT DATE:May 17,2002 DATE OF PRORATION:May 17,2002
LEGAL DESCRIPTION:The Rights-of-Way described in the attached Exhibit"A."
Debit Credit
1. Selling Price $345,000.00
2. Deposit,paid to Seller $0.00
3. Trust Deed,payable to
4. Trust Des,payable to
5. Trust Deed.payoff to
6- Interest on Loan Assumed
7. Title Ins. Premium
8. Abstracting: Before Sale
9. Alter Sale
10. Title Exam.by:
11. Recording: Warranty Deed
12. Trust Deed
13. Release
14. Other
15. Documentary Fee
16. Certificate of Texas Due
17. Taxes for Preceding Year(s) 380.20
•
18. Taxes for Current Year 142.71
19. Tax Reserve
20. Special Taxes
21. Personal Property Taxes '
22. Hazard Ins.Prem.Assumed—Policy No. Co.
S Yr.Term Expires
Premium S Days Unused at 0 per day
23. Premium for New Insurance
24. Hazard Ins.Reserve
•
25, FHA Mortgage Ins.Assumed
26. FHA Mortgage Ins.Reserve
27. Loan Service Fee(Buyer)
28. Loan Discount Fee(Seller)
29. Interest on New Loan
30. Survey and/or Credit Report
31. Appraisal Fee
32. Water and/or Sewer
33. Rents
34. Security Deposits
35. Loan Transfer Fee
36. Loan Payment Due
37. Broker's Fee to Dominic Pullout $6,900.00
Sub-totals 5522.91 $345,000.00
Balance due from Buyer 5337,577.09
TOTALS 5345,000.00 5345,000.00
The above figures do not include sales or use axes on personal property.
APPROVED and ACCEPTED
COUNTY OP WELD/a b corporate end poliNe of the SAND LAND.INC.,.¢olorado Corporation
STATE Qs O9./t� f //_/
Purchaser /{/T`T`/ [/��man suer ��
Glenn Vaad,e, d of County Varra,President
Commissioners of Weld County
/0 5/15/20Oe) Seller
•--w...... ._ Seller
• que ' e N.Varra
EXHIBIT "A"
LEGAL DESCRIPTION:
ALL THAT PART OF THE NORTHWEST 1/4 AND THE SOUTHWEST 1/4 OF SECTION 2,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SAID SECTION 2, TO BEAR NORTH 89° 47' 45" WEST AS MONUMENTED HEREON
AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO:
COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 2, TOWNSHIP 2
NORTH, RANGE 68 WEST OF THE 6TH P.M.; THENCE ALONG THE NORTH LINE OF
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2, NORTH 89° 47'
45" WEST, A DISTANCE OF 213.81 FEET TO THE TRUE POINT OF BEGINNING.
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89° 47' 45" WEST, A
DISTANCE OF 585.53 FEET; THENCE NORTH 01° 03' 46" EAST, A DISTANCE OF 330.32
FEET; THENCE SOUTH 89° 43' 25" WEST, A DISTANCE OF 240.00 FEET; THENCE
SOUTH 00° 58' 06" EAST, A DISTANCE OF 328.34 FEET; THENCE NORTH 89° 47' 45"
WEST, A DISTANCE OF 281.17 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 2; THENCE SOUTH 00°
31' 08" WEST ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST
1/4 OF SAID SECTION 2, 32.75 FEET TO THE EXISTING CENTERLINE OF WELD
COUNTY ROAD 24 '1; SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO
THE LEFT, HAVING A RADIUS 410.37 FEET, AND A CENTRAL ANGLE OF 33° 16" 38";
THENCE CONTINUING ALONG SAID CENTERLINE AND CURVE TO THE LEFT, A
DISTANCE OF 238.34 FEET TO A POINT OF TANGENCY; THENCE CONTINUING
ALONG SAID CENTERLINE THE FOLLOWING THREE (3) COURSES:
(1) THENCE NORTH 86° 37' 23" EAST, A DISTANCE OF 271.24 FEET;
(2) THENCE NORTH 86° 24' 37" EAST, A DISTANCE OF 460.15 FEET:
(3) THENCE NORTH 86° 35' 16" EAST, A DISTANCE OF 138.58 FEET:
THENCE DEPARTING SAID CENTERLINE NORTH O3°24' 44" WEST, A DISTANCE OF
29.77 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF
COLORADO, CONTAINING 3.30 ACRES MORE OR LESS.
WARRANTY DEED
943 'E
THIS DEED,Made this day of ,2002,between Sand Land,Inc., a Colorado Corporation, Pasquale Varna,
and Jacqueline N. Varna, grantors, and Coutty of Weld,a body corporate and politic of the State of Colorado, whose legal
address is 915 Tenth Street, Greeley,Colorado 80631, of the County of Weld, State of Colorado,grantee:
WITNESSETH, That the grantors, for the sum of Three-Hundred Firty-Five Thousand Dollars($345,000)and other good
and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,have granted, bargained,sold and
conveyed,and by these presents do grant,bargain,sell, convey,and confirm,unto the grantee, its heirs and assigns forever, all
the real property,together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado,
described as follows:
The real estate, including any improvements located thereon,described in the attached Exhibit"A."
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining, and
the reversion and reversions,remainder and remainders, rents, issues and profits thereof, and all the estate,right,title, interest,
claim and demand whatsoever of the grantors, either in law or equity, in and to the above bargained premises,with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee, its
heirs and assigns forever. And the grantors, for themselves and their heirs and personal representatives,do hereby covenant,
grant,bargain,and agree to and with the grantee, its heirs and assigns,that at the time of the ensealing and delivery of these
presents,they are well seized of the premises above conveyed,have good, sure,perfect, absolute and indefeasible estate of
inheritance, in law, in fee simple, and have good right, full power and authority to grant,bargain, sell and convey the same in
manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,
taxes, assessments,encumbrances,and restrictions of whatever kind or nature soever,except easements,restrictions,
covenants,conditions, reservations and rights of way of record, if any;
The grantors shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the grantee, its heirs and assigns,against all and every person or persons lawfully claiming the whole
or any part thereof.
..,IN WITNESS WHEREOF,The grantors have hereunto set their hands and seals this 42 day of
,2002.
ATTEST:
SAND LAND, INC.,
a Colorado Corporatio
Y: BY:
( t retary) = Christ her Varna, President
ATE OF COLORADO
County of Weld ) ss.
The foregoing instrument was acknowledged before me this AS dayof ,2002,by
Christopher Varna, President,of Sand Land, Inc.,a Colorado Corporation.
Witness my hand and official seal this / 5 day of 'Kay ,A.D.,2002.
My commission expires: A/ 34 O9605
� '�
•
33 BY:
cn i • quale arra
9)tt LQL1C .•p
OFOOLO?".
BY: 2 ,017J(
Jac ueli N. Varna
STATE OF COLORADO
County of Weld ) ss.
I
The foregoing instrument was acknowledged before me this day of ,A-dez.q ,2002,by Pasquale
Van-a and Jacqueline N. Van-a.
uuu,u,y,
'' ,Q ii es hand and official seal this /
''''''...,k`?n3 day of / /Cd �/ ,A.D.,2002.
ty camm •
3/lp�iDn expires: /q OH /L'�LfCYX0�
t y NraR L !
1111111111111111111 III 1111111 �111111111 ��� 1111111111111
2953943 05/23/2002 03:22P Weld County CO
1 of 2 R 0.00 0 0.00 J.A. "Suki" Tsukamoto
r
EXHIBIT "A"
LEGAL DESCRIPTION:
ALL THAT PART OF THE NORTHWEST 1/4 AND THE SOUTHWEST 1/4 OF SECTION 2,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SAID SECTION 2, TO BEAR NORTH 89° 47' 45" WEST AS MONUMENTED HEREON
AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO:
COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 2, TOWNSHIP 2
NORTH, RANGE 68 WEST OF THE 6TH P.M.; THENCE ALONG THE NORTH LINE OF
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2, NORTH 89° 47'
45" WEST, A DISTANCE OF 213.81 FEET TO THE TRUE POINT OF BEGINNING.
THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89° 47' 45" WEST, A
DISTANCE OF 585.53 FEET; THENCE NORTH 01° 03' 46" EAST, A DISTANCE OF 330.32
FEET; THENCE SOUTH 89° 43' 25" WEST, A DISTANCE OF 240.00 FEET; THENCE
SOUTH 00° 58' 06" EAST, A DISTANCE OF 328.34 FEET; THENCE NORTH 89° 47' 45"
WEST, A DISTANCE OF 281.17 FEET TO THE NORTHWEST CORNER OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 2; THENCE SOUTH 00°
31' 08" WEST ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST
1/4 OF SAID SECTION 2, 32.75 FEET TO THE EXISTING CENTERLINE OF WELD
COUNTY ROAD 24 V2; SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO
THE LEFT, HAVING A RADIUS 410.37 FEET, AND A CENTRAL ANGLE OF 33° 16" 38";
THENCE CONTINUING ALONG SAID CENTERLINE AND CURVE TO THE LEFT, A
DISTANCE OF 238.34 FEET TO A POINT OF TANGENCY; THENCE CONTINUING
ALONG SAID CENTERLINE THE FOLLOWING THREE (3) COURSES:
(1) THENCE NORTH 86° 37' 23" EAST, A DISTANCE OF 271.24 FEET;
(2) THENCE NORTH 86° 24' 37" EAST, A DISTANCE OF 460.15 FEET:
(3) THENCE NORTH 86° 35' 16" EAST, A DISTANCE OF 138.58 FEET:
THENCE DEPARTING SAID CENTERLINE NORTH O3°24' 44" WEST, A DISTANCE OF
29.77 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF
COLORADO, CONTAINING 3.30 ACRES MORE OR LESS.
111111111111111111 I I 111111111111111111 I I 11111111111111
2953943 05/23/2002 03:22P Weld County CO
2 of 2 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
Hello